Brown v. Rishel

PER CURIAM,

Defendant Union Township, pursuant to Pa.R.C.P. 1035(a), moves for summary judgment against plaintiff Robert W. Brown. This court must deny defendant’s motion.

FACTUAL BACKGROUND

Robert W. Brown filed a complaint in trespass against David Rishel, a police officer for Union Township. The township was also named as a defendant. The complaint charges that Mr. Rishel willfully assaulted Robert Brown while attempting to illegally arrest him. In his answer, David Rishel alleged that while he was responding to a call for police assistance, plaintiff first struck Mr. Rishel and that he was…